MAGNIFICENT MELODY LTD v. CHAN JOHN LOONG FAI AND OTHERS

MAGNIFICENT MELODY LTD v. CHAN JOHN LOONG FAI AND OTHERS

The application for summary judgment was adjourned for three months because there are substantial disputed factual issues that cannot properly be decided on affidavits and the interests of justice require the 1st defendant's participation; given the lateness, costs of the adjournment were ordered against the 1st defendant.

Citation
MAGNIFICENT MELODY LTD v. CHAN JOHN LOONG FAI AND OTHERS
Parties
Applicant/plaintiff: Magnificent Melody Limited; 1st Respondent/1st Defendant: Chan John Loong Fai; 2nd Respondent/2nd Defendant: Ng Chi Wo Jacky; 3rd Respondent/3rd Defendant: Lanco International Holdings Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 May 2013
Case Number
HCMP1485/2012
Procedural Posture
Section 100 Companies Ordinance; Summary Judgment Application / Hearing for Summary Judgment; Application Adjourned for 3 Months
Outcome
Application for summary judgment adjourned for 3 months
Legal Topics
Share Entitlement, Validity of Agreements, Consideration, Summary Judgment, Adjournment
Source Language
EN
Company Law Civil Procedure Contract Law Insolvency/receivership Share Entitlement Validity of Agreements Consideration Summary Judgment +1 more

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Parties

Magnificent Melody Limited

Applicant/plaintiff

Chan John Loong Fai

1st Respondent/1st Defendant

Ng Chi Wo Jacky

2nd Respondent/2nd Defendant

Lanco International Holdings Limited

3rd Respondent/3rd Defendant

Procedural Posture

Section 100 Companies Ordinance; Summary Judgment Application / Hearing for Summary Judgment; Application Adjourned for 3 Months

Legal Issues

  1. 1 Whether the plaintiff is entitled to shares and payments under two written agreements linked to loan transactions
  2. 2 Whether the Agreements are genuine or a sham and whether there was consideration
  3. 3 Whether summary judgment is appropriate in the face of disputed factual evidence on affidavit

Ratio Decidendi

The application for summary judgment was adjourned for three months because there are substantial disputed factual issues that cannot properly be decided on affidavits and the interests of justice require the 1st defendant's participation; given the lateness, costs of the adjournment were ordered against the 1st defendant.

Court Disposition

Application for summary judgment adjourned for 3 months

Orders

  • Application adjourned for 3 months from 29 May 2013
  • Costs of this adjournment to be borne by the 1st defendant Chan John Loong Fai